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MR. SIMEON CHIJIOKE AGU v. EMEKA OKPOKO

(2009) JELR 47295 (CA)

Court of Appeal  •  CA/L/718/06  •  5 Jun 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ADZIRA GANA MSHELIA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

REGINA OBIAGELI NWODO JCA (Delivering the Leading Judgment): The Applicant in the High Court commenced an action under the Fundamental Rights (Enforcement Procedure) Rules 1979 by Motion on Notice dated 27th July 2005 and filed 28/07/05 he sought the following reliefs set out in the Statement in support of the application.

2(a) A DECLARATION that the arrest of the Applicant on or about the 20th day of May 2005 and his consequent detention, and degrading treatment by the Nigeria Police at the instance of the 5th Respondent herein are gross violation of the Applicant's Fundamental Rights guarantee under sections 34, 35, 37 and 41 of the Constitution of the Federal Republic of Nigeria 1999 and a violation of Articles 4, 5, 6 and 7 of the African charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap 10 Laws of the Federation of Nigeria 1990.

(b) A mandatory and perpetual injunction restraining the Respondents whether by themselves or their officials, privies, agents o…

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